Exam 14: Discharge by Performance or Breach

In which cases have the courts overtly sought to accommodate the particular needs of particular commercial parties when seeking to classify contractual terms?

Should the commission of a repudiatory breach lead to the automatic termination of a contract irrespective of parties wishes?

In Arcos Ltd v EA Ronaasen & Son a contract was held not discharged because the timber supplied was 1/8 of an inch thicker than agreed, despite being usable for its intended purpose.

In Schuler v Wickman the House of Lords saw fit to disregard the labelling of a contractual terms as a 'condition' as the contract could not be interpreted in such a way as to accord with this.

Which of the following two are features of a legitimate acceptance of a repudiatory breach as set out by Lord Steyn in Vitol v Norelf?

Why did the House of Lords disagree with the approach of the Court of Appeal in Vitol v Norelf?

An repudiatory breach need not be accepted by communicating directly with the party that has breached the contract?

Distinguish between rescission and repudiation.

George hired Amanda to fit a central heating system to his property. The system installed produced little heat and gave out fumes. Would Amanda:

Today, all terms must be regarded as innominate.

There are classes of contractual terms which will always be regarded as innominate terms.

The term at issue in the Hong Kong Fir case relates to what?

Which case established the category of intermediate or innominate terms?

Cutter v Powell provides authority for what rule?

Why does a long term contract pose difficulties when one party has argued that there has been a serious or repudiatory breach?

To what extent will the categorisation given to a contractual term by the parties to the contract bind a court?

Rice v Eastbourne Borough Council shows the difficulties faced when in seeking to prove that several breaches over a long period amount to a repudiatroy breach of contract?